Session at the Ontario Bar Association on May 26, 2011

1. Education LawSocial Media In Schools: Friend or Foe?Thursday, March 31, 2011 | 5:30 pmOBA Conference Centre20 Toronto Street, Suite 200, | Toronto, Ontario Omar Ha-Redeye

2. Overview Brief case law review Reputation management Developing standards

3. Paine v. University of Toronto, [1981] O.J. No. 3187 “the courts should use restraint and be slow to intervene in university... the courts should be reluctant to intervene in university affairs.” [para. 11]

4. Pridgen v. University of Calgary, 2010 ABQB 644 “I am satisfied that the University is not a Charter free zone… the manner in which those policies are interpreted and applied must not offend the rights provided under the Charter.” [para. 64]

5. Gauthier c. Saint-Germain, 2010 ONCA 309;Jaffer v. York University, 2010 ONCA 654 Gauthier: where pith and substance of dispute is academic, action should not be held in courts even where there are larger contractual or tortious claims Discussion in Jaffer: proper jurisdiction can be identified by type of remedy sought: Judicial review to reverse internal academic decision SCJ Jurisdiction if damages claimed in tort or contract

6. R. v. Sather, 2008 ONCJ 98 Expert Evidence of Jesse Hirch: People embellish their character and deliberately say provocative things to elicit a response from their Facebook “friends”. construct an alternate persona. postings were expressions of emotions posted these items to blow off steam as he had been taught in a prior anger management course.

7. Zhang v. The University of Western Ontario, 2010 ONSC 6489 JR application dismissed for unexplained delay > 6 mos Off-campus conduct of Facebook postings Applicant submitted: postings beyond the reach of the University’s authority protected by s. 2(b) “free speech has its limits, including the making of threats and defamation of character” [para. 35]

8. Rate My Profs

9. Foda v. RateMDs; Foda v. Capital Health Alberta Court of Queen's Bench January 12, 2007 – Appeal of pleadings amended April 17, 2007 - Application for stay of proceedings June 21, 2007 (Alb. C.A.)- defamation claim struck for lack of evidence United States District Court, Northern District of California, San Jose Division July 16, 2008 – Order for subpoena granted May 10, 2010 – Interim order July 26, 2010 – Motion denied